Supreme Court decision says sexual history relevant in some cases

OTTAWA — The Supreme Court of Canada has upheld a decision ordering new trials for two people facing human trafficking and sexual services offences, after concluding they should have been able to cross-examine a complainant about the commercial aspect of her prior sex work.

The case looked at the application of section 276 of the Criminal Code, known as the rape shield law, which limits use of evidence about a complainant’s sexual history in court proceedings.

Two individuals faced human trafficking and sexual services offences arising out of their relationship with the complainant.

Sexual services and human trafficking offences are not listed in section 276.

Supreme Court Justice Mary Moreau wrote in the unanimous decision that section 276 doesn’t categorically apply to those two offences and there are cases where evidence of sexual history is relevant.

Moreau said in this case the evidence focused on the commercial aspect of the complainant’s prior sex work and was meant to show she had previously worked voluntarily in the sex industry and was not recruited by the accused.

This report by The Canadian Press was first published Oct. 16, 2026.

Anja Karadeglija, The Canadian Press